Serving Judgments to China-based Defendants by Mail? Think Twice
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
Cross-Border Trade Dispute
Can Foreign Judicial Documents Be Served to a Recipient in China by Mail From Abroad? – Service of Process and Hague Service Convention Series (2)
No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.
How to Use Emails as Evidence in Litigation in China?
Email is the main communication tool in cross-border transactions. It is common, for instance, for many international trade contracts to be concluded, modified, performed or terminated directly by emails.
Application of CISG in Arbitration in China: A Case Study with CIETAC
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
A Chinese Company Asks You to Pay to Its Bank Account outside China? It May Be a Scam.
Because it might deny afterward that it was its account, and thus that it received your payment.
Application of the CISG by Chinese Courts
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
Export Pause in Yiwu: Chinese Wholesale Hub Faces COVID Lockdown
On 11 Aug. 2022, Yiwu launched a 3-day lockdown due to COVID-19 epidemic control. On 14 Aug., the government of Yiwu issued another notice to extend the lockdown period by 7 days, that is, to August 20, 2022.
Is CISG Automatically Applicable in China?
The answer is YES, as long as the international sales of goods contracts are concluded between parties whose places of business are in different Contracting States of the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). In such cases, the Chinese courts shall apply the Convention automatically.
How to Prove Your Claim in a Chinese court
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.
Why Does the Lawyer Appointed by SINOSURE Ask Me to Pay Even in Case of Chinese Exporter’s Fraud?
Have you ever encountered with the situation where the lawyers appointed by China Export & Credit Insurance Corporation (hereinafter referred to as “SINOSURE”) to collect the payment for goods from you?
How Do I Take Legal Action Against a Chinese Company?
You need to determine where you are going to sue, and what law is applicable to your case. If you are planning to file a lawsuit in China, then we have prepared 8 tips for you in this article to help you evaluate your potential legal action.
Sue a Company in China: What Will Be Considered as Contracts by Chinese Judges
You have to prove the specific transaction agreed in the contract during the lawsuit in China.
Sue a Company in China: How Do Chinese Judges Treat Evidence?
What evidence should you prepare? Documentary evidence (physical documents), electronic documents, and recordings are all necessary in this regard.
Debt Collections in China: Enforce Your US Judgment in China and You Will Have a Surprise!
Good news for the creditors with a US judgment! Now, American civil/commercial judgments are highly likely to be recognized and enforced in China.
How Do I Get a Refund of My Deposit or Prepayment From a Chinese Company?
There are three things you can do to get your deposit or advance payment back from a defaulting or fraudulent Chinese company: (1) negotiate a refund, (2) claim liquidated damages, or (3) terminate the contract or order.
Court Costs VS Arbitration Costs in China
In China, courts charge much less than arbitration institutions. But if there is an appeal, the cost of litigation is not much cheaper than the cost of arbitration.
How Do I Get My Money Back From a Chinese Supplier? – Debt Collection in China
If a Chinese supplier commits any default or fraud, there are four measures you can take to get your money back: (1) negotiation, (2) complaint, (3) debt collection, and (4) litigation or arbitration.
How Does Alibaba Dispute Work: How to Preserve Evidence During Correspondences
Be sure to specify the conditions for terminating the contract and refunding the advance payment in the contract.
How can I avoid being scammed on Alibaba: Take the seller’s refusal to shipment as an example
Be sure to specify the conditions for terminating the contract and refunding the advance payment in the contract.
How Does Alibaba Dispute Work: Alibaba’s Role and Its Impartiality
If you want to resolve disputes through Alibaba, you need to know what role Alibaba will play and what position it will take. Alibaba provides dispute resolution services for both buyers and sellers. In this dispute resolution system, Alibaba plays two roles in fact: service provider and judge.